The establishment of an association in Vietnam must not violate national fine customs

Recently, the Government issued Decree 45/2010/ND-CP on the organization, operation, and management of associations in Vietnam, which stipulates that the name of the association must not violate national fine customs.

The establishment of an association in Vietnam must not violate national fine customs
The establishment of an association in Vietnam must not violate national fine customs (Internet image)

1. What is an association?

According to Article 2 of Decree 45/2010/ND-CP: "An association under this Decree means a voluntary organization of Vietnamese citizens or institutions with the same business or interest or in the same circle that unite for a common goal and operate regularly and disinterestedly to protect lawful rights and interests of the association, its members and the community; and support one another to operate effectively, contributing to national socio-economic development. Associations shall be organized and operate under this Decree and relevant legal documents."

2. Principles of organization and operation of associations in Vietnam

According to Article 3 of Decree 45/2010/ND-CP, the organization and operation of associa­tions must adhere to the following principles:

  • Voluntariness: autonomy;
  • Democracy, equality, publicity,, transparency;
  • Self-financing:
  • Not for profit:
  • Observance of the Constitution, law and association charters.

3. Names, logos, head offices, seals and accounts of associations in Vietnam

- Names, logos:

According to the provisions of Article 4 of Decree 45/2010/ND-CP: The name of an association shall be written in Vietnamese and may be transcribed or translated into ethnic minority or foreign languages. The name and logo of an association must not be identical or confusingly similar to the name of another lawfully established association; and must not violate social ethics and national fine customs, practices and cultural traditions.

- Head offices, seals and accounts

An association has the legal entity status. head office, seal and account and possibly a logo. An association's head office must be based in Vietnam.

Thus, the entities establishing the association are free to name the association but must ensure national fine customs, practices and cultural traditions. and not violate social ethics.

More details can be found in Decree 45/2010/ND-CP, which comes into force from July 1, 2010.

Nguyen Phu

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